A person acts with "criminal
negligence" with respect to a result or to a circumstance described by a
statute defining an offense when (he/she) fails to perceive a substantial and
unjustifiable risk that such result will occur or that such circumstance
exists. The risk must be of such nature and degree that the failure to perceive
it constitutes a gross deviation from the standard of care that a reasonable
person would observe in the situation.

The failure to perceive the risk must
be a gross deviation from the standard of a reasonable person. The standard of
conduct of a reasonable person in the same situation as the defendant is the
doing of something that a reasonably prudent person would do under the
circumstances or omitting to do what a reasonably prudent person would not do
under the circumstances.

A gross deviation is a great or
substantial deviation, not just a slight or moderate deviation. There must be a
great or substantial difference between, on the one hand, the defendant's
conduct in failing to perceive a substantial and unjustifiable risk, and, on the
other hand, what a reasonable person would have done under the circumstances.
Whether the risk is substantial and unjustifiable is a question of fact for you
to determine under the circumstances.